The Jurisdictional Pitfalls of the Dutch Class Action: A Warning for Litigation Funders

Dr Kees Jan Kuilwijk warns litigation funders of the potential pitfalls of the WAMCA – the Dutch collective action legislation – including potential jurisdictional challenges and a rather treacherous quasi-jurisdictional admissibility threshold, the so-called “scope rule,” which defendants can avail themselves of to attempt to kill the action before it even starts.

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